Navigating the Medicare market as an insurance agent means not only understanding your products but also ensuring that every interaction with clients meets Medicare’s strict compliance standards. The Centers for Medicare & Medicaid Services (CMS) establishes these guidelines to protect consumers and ensure they receive accurate, fair, and transparent information.
View CMS Medicare Marketing Guidelines
By following these standards, agents can build trust, provide a better client experience, and strengthen their business. This guide will break down the essentials of Medicare Communications & Marketing Guidelines, offer practical tips, and share helpful CMS resources to keep you on the right track.
Medicare compliance isn’t just about avoiding penalties—it’s about creating a trustworthy, consumer-centered approach that benefits everyone. Clear, compliant communications ensure that your clients fully understand their options, which leads to more satisfied customers and helps build your reputation as a reliable, knowledgeable agent.
"When clients trust the information you provide, they feel confident choosing the right plan—compliance is a big part of earning that trust."
By following Medicare’s guidelines, you are ensuring that the plans you present are marketed accurately and that you’re setting clear expectations with clients.
Key Areas of CMS Medicare Marketing and Communication Guidelines
Here are the main compliance guidelines that all Medicare agents should follow when marketing and communicating about Medicare plans:
CMS distinguishes between “marketing” and “communications”:
Marketing includes any activities aimed at steering potential clients toward a specific plan, such as sales events, plan details, and enrollment information.
Communication involves general information about Medicare, without promoting a specific plan or attempting to influence enrollment decisions.
Tip: When talking with clients, keep information neutral until you’ve confirmed their consent to discuss specific plans. This keeps your interactions compliant and focused on client needs.
Before discussing specific plan details, agents must obtain a Scope of Appointment (SOA) form, signed by the client. This form verifies that the client consents to the discussion and specifies which types of plans they want to learn about.
CMS provides clear guidelines on what language agents can and cannot use:
Staying mindful of language helps clients feel informed, not pressured, and ensures that their Medicare choices are based on clear, transparent information.
"Medicare clients want facts, not sales pitches. Staying neutral builds trust and provides clients with the clarity they need to make confident choices."
CMS differentiates between educational events (where specific plan details cannot be discussed) and sales events (where plan-specific information can be shared).
Tip: Advertise events clearly, noting whether they’re educational or sales-oriented, to keep clients informed and maintain compliance. View best practices guide
Only CMS-approved materials can be used when marketing Medicare plans. This includes all printed, digital, and spoken content that promotes specific Medicare Advantage, Part D, or other Medicare-related plans.
Keep Clear Records - Documentation is key in compliance. Retain all SOA forms, event registrations, and call logs for at least 10 years. This helps protect you and keeps your records ready if CMS requests them for an audit.
Focus on Educating Clients - Clients want accurate information that helps them make informed decisions. By taking an educational approach, you can build client trust and foster a positive experience without any pressure.
Leverage Support from Your FMO - Field Marketing Organizations (FMOs) like PSM Brokerage offer resources, training, and CMS-approved materials that can make compliance simpler. PSM can provide you with tools like the SOA form, approved marketing materials, and a compliance checklist to help you stay organized.
"Your FMO is there to support your success and compliance. Lean on their resources to ensure your practices align with CMS standards."
Helpful CMS Resources for Medicare Agents
Here are some essential CMS resources to bookmark and reference in your Medicare business:
These resources provide detailed guidance on approved practices and help you stay informed on any updates to compliance standards.
Remaining compliant isn’t just about following rules—it’s a way to offer clients a trustworthy, transparent experience that builds loyalty and satisfaction. By working within CMS guidelines, you’re creating a reliable, client-centered Medicare practice that clients will recommend and return to.
As a Medicare agent, PSM Brokerage is here to support your success. We provide you with compliant resources, training, and industry expertise to help you build a thriving business in Medicare sales. Embrace compliance, empower your clients, and build a practice based on integrity and trust. For more guidance on Medicare compliance or to access our CMS-approved resources, reach out to us today.